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    • I posted a reply earlier which I have now deleted because I realise that I hadn't read your story correctly. You have laid out £1000 on repairs to a vehicle which according to you is probably in need of further repairs. Although you have been rebuffed by the dealer at your first asking, your position would be much better had you provided the quotes for the repair work to the dealer in advance so that he had forward knowledge and was able to present his own opinions before you went ahead and spent the money. This kind of transparency is essential when you are in conflict with somebody who may later on dispute the value of the work which was carried out. Fortunately you have had more than one opinion from independent garages and this will be very helpful to you. So in order to recover your money, you have prepared a letter but which is rather open-ended because it simply says that you would like to have a reply within 14 days or else you may go and see a solicitor. Given that you have been rebuffed quite peremptorily by the seller of the vehicle, I don't think that this is going to make very much impression. You need to take control of this and assert yourself. I notice that you say that you are too exhausted to look around for a replacement vehicle. Do you have the stamina to conduct a small claim against this dealer? It's very easy but it will require some tenacity and there won't be a quick solution. I can expect to go on for six months or so before you get a result unless the dealer decides to put their hands up. I would avoid going to a solicitor if I were you because first of all you incur expenses which you will not get back from the dealer. Also the solicitor will start off by sending letters which will simply delay things further and of course will incur further costs for you. You haven't told us the name of the dealer – even though you have been asked by another member of the site team. He also haven't told us anything about the car – the make, model, year, mileage and price. I think we will have to modify your letter based on whether you think that you would be prepared to take your own small claim action. If you do take a small claim action then your financial outlay will be fairly minimal and everything you do outlay will be recoverable – assuming that you win. On the basis of what you say, I would guess that your chances of success are much better than 90%. However, there is the issue that the dealer may try to challenge the value of the work you have had carried out because you didn't give him any advance notice. We will have to deal with this.  
    • So Guys, After sending the last letter as everyone else  here I got a reply from Moriartylaw with a statement that ADCB instructed them to act on their behalf and a copy of all my credit card bank statements. Not sure what to do now. They want me to respond and supply them with a list of asset and liabilities.    please the attachment of the letter. moriartylaw.jpeg.pdf
    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – who were the owners of the house. This was in 1999. We talking about 20 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the story you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I wouldn't supply this to their solicitor but if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me but we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
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Hi Rory,

 

well the 14 days + 30 days are nearly up and i have still to receive a copy of my CCA

and copies of the notice of assignation to Brunswick Collections.

Are you able to help me draft a reply to them?

 

I need to be aware that the case is on hold with the court

in that the banks solicitors have provided a written undertaking that they will not minute for a decree in absence

at the present time as they are awaiting instructions from their Clients (this being the bank),

as my request in term of the consumer credit act is still outstanding.

 

I did not lodge a notice of intention to defend

as the legal advice i was given was that i did not need to because of the undertaking given

and the fact that if i had lodged a notice of intent to defend it would have set of a timescale for hearings etc

and i would have had to start paying solicitors fees which were to be £180 per day, which i could not afford

as they (Drummond Miller), said i could not be guaranteed to win.

 

i did however, lodge a letter with ther court explaining the lack on notice of intention to defend and why.

 

i asked that he letter be placed with the papers should a minute of decree in absence be applied for by the bank.

 

Do you think you can help?

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Let me have a think. I think really we need to give the bank a bit of a push in terms of getting them to drop the action completely and hopefully just write the account off.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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:

Let me have a think. I think really we need to give the bank a bit of a push in terms of getting them to drop the action completely and hopefully just write the account off

 

 

Hi Rory,

 

the 30 days have now passed and i have not received anything nor have i had anything to indicate why they have not provided me with a copy of the CCA, have you had a chance to think about a suggested response?

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Okay

I've drafted a letter to give them a poke.

 

Please be aware though that this may result in them frantically searching for a copy of the agreement

but if they haven't found it by now I think we can probably assume that they won't.

 

WITHOUT PREJUDICE

 

DearSir/Madam,

 

Re: Account No xxxx

 

It would appear that you have failed in your obligations to provide a copy of the credit agreement originally requested on (date). As considerable time has now passed since the issue of my request I am of the opinion that no such copy of the agreement exists.

 

I am therefore of the opinion that you have also failed in your obligations to comply with the various anti money laundering regulations in not keeping such documents. This, as I’m sure you are aware, is a very serious offence.

 

I now require the balance of this account to be returned to zero and your Sheriff Court claim against me withdrawn. I believe that it is in your companies best interests in order to reduce your legal costs regarding this matter and those that may be claimed against you.

 

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 14 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 14 days, I will expect that this means you agree to remove all such data.

 

 

Furthermore, you should be aware that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following would apply:

  • You may not demand any payment on the account, nor am I obliged to offer any payment to you.
  • You may not add any further interest or charges to the account.
  • You may not pass the account to any third party.
  • You may not register any information in respect of the account with any of the credit reference agencies.
  • You may not issue a default notice related to the account.

Any continuation of the claim regarding this account would be subsequently avered as vexatious on your behalf.

 

Please also be aware, the CCA 1974 is very clear that a default can only be issued for breach of a valid, regulated agreement. As there is no agreement a default cannot be lawfully issued as no valid, regulated agreement has been breached. You may be aware of the case of Durkin v DSG Retail Ltd and HFC Bank PLC 2008 where significant damages were awarded for the wrongful impugnation of Durkin's credit reputation.

 

 

Furthermore, please be aware that your court claim against me could, under the Protection from Harassment Act 1997, be construed as unlawful harassment. It could also be considered an unfair trading practice under The Consumer Protection from Unfair Trading Regulations 2008 as the claim was issued when the account was already in dispute as well as against the Banking Code.

 

I would ask that you review this account and respond favourably within 14 days of the date of this letter. Failure to do so will result in me reporting this matter to The Financial Crime Branch of HM Treasury and any other authorities as I see fit.

 

I look forward to your reply in due course.

 

Yours faithfully

 

Print name do not sign.

Edited by rory32
formatting

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks Rory,

 

"Please be aware though that this may result in them frantically searching for a copy of the agreement but if they haven't found it by now I think we can probably assume that they won't."

 

do you think i should hold off sending the letter?

i'm happy to wait a bit,

but i thought that after the 30 days had past i had to write to them.

if it's better to wait then i can.

what do you think?

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No you don't have to write to them after the 30 days.

There is no longer a summary criminal offence committed after the 30 days.

There is no rush for you to send the letter but generally if they can't put their hands on it fairly quickly it's because it's no longer in their system.

 

If you're not comfortable with sending the letter yet then don't.

As I say, there's no rush.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks gain for all your help Rory.

 

I'm just not sure what i should do.

 

After i wrote and complianed about them raising legal action while the account was in dispute,

their reply indicated that the case would be sisted pending the response to my request under the Consumer Credit Act.

I have taken this to read that until i receive a response from them i do not need to do anything.

Do you think i should just sit back and wait until they get back to me before i send the letter?

 

Do you know if they are committing an offence by having raised legal action while the account was in dispute?

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Do you think i should just sit back and wait until they get back to me before i send the letter?

 

Yes and no. You need to show your hand a little in that you are willing to do things to them, making them aware that it's not all one sided.

 

Do you know if they are committing an offence by having raised legal action while the account was in dispute?

Yes. Personally I would make a complaint to the OFT. As the case has been sisted they may not be overly interested but it's worth a punt. At the very least it shows that you are not bluffing.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Your right Rory,

 

is there any chance you could help me compose a letter to the OFT re them raising court action?,

and how do you think i should show my hand a little s

hould i just send your letter and a copy of what i send to the OFT or just a copy of what is sent to the OFT at this stage?

 

i'm sorry to keep asking questions and for so much help

but, as i'm sure you've already noticed,

i am useless at this kind of thing although i am learning and i am very grateful for all the help you've given me.

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Let me think about it and I'll try and do something for you tomorrow. I had to get up very early today (and unfortunately have to tomorrow as well)so I'm afraid it's off to bed early tonight for me.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Okay this might still need a little work but here's my first go at your letter to the OFT.

Dear Sir/Madam

 

Consumer Protection from Unfair Trading Regulations 2008 (CPUT)

Formal complaint against Clydesdale Bank

 

 

 

I am writing to complain under the above CPUT regulations.

I have had a court claim raised against me by the aforementioned bank in respect of a purported debt which I understand is governed by the Consumer Credit Act 1974. I formally requested in writing a true copy of the credit agreement on the 14th October 2008 and formally placed the account in dispute.

To date they have failed to supply any document which purports to be a copy of the alleged agreement and on (date) became in default of supplying the true copy of the agreement.

A claim was raised against me on (date) in the sheriff court and although sisted on (date), after an official complaint made by myself to the bank in writing on (date), the claim has not been withdrawn by the bank.

I consider that Clydesdale bank are operating an unfair commercial practice in attempting to enforce an account through the courts which was clearly in dispute before the date the ordinary cause action was raised and it is for this reason that I am sending you this complaint.

I enclose copies of the letters which they have been sending to me and those which I have sent to them.

I would be grateful if you would acknowledge this letter and let me know what procedures you now intend to follow and what your targets for action are.

Yours faithfully

 

sign the letter

This is the address to send complaints to:

 

Enquiries Unit

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London, EC4Y 8JX.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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how do you think i should show my hand a little should i just send your letter and a copy of what i send to the OFT or just a copy of what is sent to the OFT at this stage?

 

I would send the letter and a copy of the letter that you're going to send to the OFT.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thank you so much Rory.

 

The letter to the OFT looks good but i'll hold off sending it (and the other suggested letter ), for a couple of days just incase you want to amend it.

 

thanks again

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Thank you so much Rory.

 

The letter to the OFT looks good but i'll hold off sending it (and the other suggested letter ), for a couple of days just incase you want to amend it.

 

thanks again

 

Hi

I have also received a Citation for two Amex cards,

did you use Drummond Miller's?

I am looking at instructing counsel

and wondered if you had?

My situation is similar to your own but they have only produced a pre-contractual application

which does not contain all the prescribed terms and zilch for the second.

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Hi Monty,

 

yes it was Drummond Miller Solicitors who gave me legal advice and they quoted around £160 -£180 a day, which is very expensive and why i could not lodge an intent to defend the action.

 

Good luck

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Hi Monty,

 

yes it was Drummond Miller Solicitors who gave me legal advice and they quoted around £160 -£180 a day, which is very expensive and why i could not lodge an intent to defend the action.

 

Good luck

 

Is this per day or per hour? When I consulted an employment lawyer (Partner) he was 250 quid an hour!

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This may not be of any use to either of you,

but have either of you looked into the possibility of receiving some form of Legal Aid.

 

Legal Aid comes in two types of assistance for civil cases,

these being advice and assistance and civil legal aid.

 

While if you are in employment it's unlikely that you'll qualify to have all the expenses of the case paid out of legal

aid you may qualify for some form of contribution towards the expenses

 

Scottish Legal Aid Board Online


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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This may not be of any use to either of you, but have either of you looked into the possibility of receiving some form of Legal Aid. Legal Aid comes in two types of assistance for civil cases, these being advice and assistance and civil legal aid. While if you are in employment it's unlikely that you'll qualify to have all the expenses of the case paid out of legal aid you may qualify for some form of contribution towards the expenses Scottish Legal Aid Board Online

 

Thanks Rory. I suspect that most sols, even those proposing to specialise in consumer debt will be experienced in terms of bringing a case in respect of the 1974 consumer credita act and the arguments we are proposing, or am I wrong?

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A lot probably aren't overly familiar with the arguments because they are not used to having to deal with them. They are used to such actions not being defended.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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A lot probably aren't overly familiar with the arguments because they are not used to having to deal with them. They are used to such actions not being defended.

 

Should I be armed with a stack of information or just point them to a few threads on here?

 

Do the arguments or approach in Scotland differ significantly than in England. Would you be able to provide any strategic directional input if I get to the stage of appointing counsel?

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Ah okay you mean defending a case rather than bringing one.

 

Your sols are certainly not going to read threads on CAG. The arguments in Scotland are really the same as in England as the statute is the same.

 

Would you be able to provide any strategic directional input if I get to the stage of appointing counsel?

I can certainly give you a few pointers. Best dealt with on your own thread though Monty.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi Monty,

 

yes it was Drummond Miller Solicitors who gave me legal advice and they quoted around £160 -£180 a day, which is very expensive and why i could not lodge an intent to defend the action.

 

Good luck

 

Hi Pumpkin

 

Are you able to PM me as to who you spoke with at DM and which office you used. I took a look at their site and they don't specifically mention consumer law as a speciality. I have two firm that do in Ediburgh but would also like to see if DM are up to the job.

 

I really want to get this 100% right from the outset, I have been waiting too long for the end game to mess up.

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Just a quick update.

 

I sent the letters as suggested in Rory's posts (#55 and #62)

and i've heard nothing from the bank since. Thought it had all gone away and i could move on.

 

I also decided to complain to the FOS about the banks insistance that they had 'sisted' the case

when in actual fact they had not, and to date still have not as i felt they were deliberately misleading me in stating this.

 

Foolish mistake on my behalf as the FOS has decided to look into everything not just my complaint

(which was simply the fact that they had deliberately mislead me by insisting that the case had been sisited when it has not),

but they are asking for the missing credit agreement to be presented to them also.

I'm not usre what good this will do as i am sure the fact that i still have not been sent a copy means that it does'nt exist.

I'm just a bit worried about what FSA outcome will now be

 

What a mess i just wish i had left well enough alone :(

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at lesast you should get some closure and it look;s like they donlt have the agreement anyway

 

 

ida x


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